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(Doc. window.googletag = window.googletag || {cmd: []}; In an attempt to fill this analytical gap, TQL also offers evidence that, it says, not only shows that is Daniels is actually competing, but that he is specifically soliciting one of TQL's current customers. (Id. Johnson is a former employee of TQL who worked for TQL as a logistics account executive for approximately five months between April 23, 2018 through September 26, 2018. During 2020 and continuing into this year, Sunland's book of business with TQL steadily shrunk. If you have a news tip or story idea, send her an email to, Copyright 2023, All Rights Reserved, FreightWaves, Inc, Judge delays trial date in TQL overtime class-action lawsuit, Loaded & Rolling (Enterprise Fleet News/Analysis), joined a class-action complaint against TQL f, that were let go over a three-day period in mid-March amid the coronavirus pandemic, Trial dates rescheduled because of COVID-19. Cary Corp. v. Linder, No. Tenn. Mar. at 557; Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Total Quality Logistics Interviews Experience Positive 52% Negative 26% Neutral 22% Getting an Interview Applied online 55% Recruiter 26% Campus Recruiting 9% Difficulty 2.8 Average Hard Average Easy Apr 27, 2023 Sales Associate Interview Anonymous Employee in Chicago, IL No Offer Neutral Experience Difficult Interview Interview If so, damages would naturally arise. This cause is before the Court on two pending motions: (1) Total Quality Logistics' ("TQL") Motion for a Preliminary Injunction (Doc. I highly recommend this fair service. Illegally run business Milford Ohio Trucking Companies: TQL Milford, Ohio Author: Columbus, Ohio 9, Report #1299392 Apr 12 2016 03:37 PM TQL Total Quality Logistics TQL is stealing from owner operators.They are doing a fraud Cincinnati Ohio Unusual Rip-Off: TQL Cincinnati, Ohio Bridgestone Am. Wizard James Recovery Service did a fantastic job at recovering my life savings which got stolen. Rather, the Potato Shipment Emails merely show, at the bottom (and thus the start) of a long chain, that Sunland sent an email to Daniels. My first morning in the new job my employer gets a fax from my former employer attorney. 2, "Daniels Hiring Email"). That same day, TQL also filed a motion for a preliminary injunction and temporary restraining order. Hr'g, Exs. 1). As the Court discussed in the breach-of-contract analysis above, TQL's Complaint also included allegations that "Daniels formed EDA for the purpose of conducting freight arrangement services" and that "EDA holds freight brokerage authority granted by the Federal Motor Carriers Safety Administration." googletag.pubads().enableSingleRequest(); Ive been around for a long time and while its very challenging work, I feel like I owe it to all of these plaintiffs to see this case to the end, Meizlish told FreightWaves. TQL filed its lawsuit in the Court of Common Pleas of Clermont County, Ohio on October 29, 2018. Resume Builder; Salary Estimator; The Court GRANTS the motion with respect to TQL's tortious interference with a business relationship claim, but does so WITHOUT PREJUDICE. Secondly, TQL provided evidence that the Federal Motor Carrier Safety Administration granted the newly formed EDA Logistics "broker" motor carrier authority. The Complaint provides sufficient facts to plausibly allege that Daniels breached the non-compete agreement. (Id.). But Ohio has a doctrine that authorizes courts to reform overbroad noncompetes.. Even so, Defendants' arguments are unpersuasive. 2, 28, #49). The Complaint Plausibly Alleges That EDA Logistics Tortiously Interfered With TQL's Contracts. More specifically, Bostwick explained that Daniels would have cold-called potential customers, as well as coordinated services and provided pricing estimates for existing customers. Hr'g, Ex. (Id.). Total Quality Logistics, LLC v. Alliance Shippers, Inc. et al, No. 21, 2020) (collecting cases). (Bostwick Test., Hr'g on Prelim. (Doc. I had a stressful situations going on and they were so patient with me and did help me through this. Importantly, all of TQL's claims require proof that Daniels is (or, at least, has been) actually competing against TQL. (Id. Mich. 2001). We have blocked their phone numbers from ringing in our phone system. It appears, though, that within a few months after leaving TQL, Daniels may have decided that he was not entirely done with the freight-brokering industry. Both in their briefs and at the preliminary injunction hearing, Defendants argued that a preliminary injunction would harm all current and former TQL employees. window.googletag = window.googletag || {cmd: []}; Call Us 24/7/365 800.580.3101. burger menu open. TQL, of course, contends that this interest is irrelevant here because Daniels' competition is unlawful and in violation of his non-compete. 13, 2018). The Court next examines whether a preliminary injunction (or lack thereof) would create a risk of substantial harm to others. OPINION AND ORDER MATTHEW W. MCFARLAND, JUDGE. Neither piece of evidence, considered alone or in conjunction, shows a "strong likelihood" that Daniels is actually competing with TQL. I have actually gone through a lot emotionally for over 9 months now and there has been no one to help me. 2 at 2). In order to do business with TQL, trucking companies are required to provide certain financial information, the lawsuit says. (Id.). Speech First, Inc. v. Schlissel, 939 F.3d 756, 763 (6th Cir. Evidence suggests that, on August 20, 2020, Daniels organized EDA Logistics, a limited liability company designed to conduct "freight arrangement services." to Dismiss, Doc. If you are ever in need of such service, you can contact them via: [emailprotected], [emailprotected] or WhatsApp: +1 (863) 254-2842. Notably, nowhere in either email chain does Daniels respond to, or reach out to, Sunland. Resources and Tools. The full scope of the harm has yet to be realized, the lawsuit says. - 2021-Ohio-4242 Accordingly, the Court will exclude $2,112.64 in billings that the Court deems useable in related litigation. PNC. Total Quality Logistics v. Integrity Express Logistics, L.L.C. Follow Total Quality Logistics on social media. Rather, the Court treats them more in the nature of allegations. The long-awaited trial in the overtime compensation class-action lawsuit brought by former Total Quality Logistics (TQL) employees has been pushed back because of the COVID-19 pandemic. Those arguments are not particularly relevant here, as the Court has already held that there is no "substantial likelihood of success on the merits" that can justify a preliminary injunction. (Compl., Doc. Org. googletag.defineSlot('/21776187881/FW_Super_Leaderboard', [[300, 50], [970, 90], [300, 100], [728, 90]], 'div-gpt-ad-1668097889433-0').defineSizeMapping(gptSizeMaps.banner2).addService(googletag.pubads()); The Court, therefore, DENIES Defendants' motion to dismiss TQL's breach of contract claim. }); Pete Patterson has been involved in his brothers legal battle since May 2021 over TQLs claims that Jacob Patterson had violated his noncompete when he went to work for asset-based carrier PBJ Express. Former employees told FreightWaves they were expected to work more than 60 hours per week to meet sales goals and were expected to be available 24 hours per day, seven days a week to increase TQLs customer base and were expected to respond to customer problems or questions at all times. Id. The Court notes that in the First Consolidated Amended Class Action Complaint, Plaintiffs state that "the amount in controversy exceeds $5,000,000, exclusive of interest and costs." The bench trial was scheduled to start on July 13. googletag.pubads().enableSingleRequest(); But the Complaint discusses EDA's activities in more detail than Defendants' motion to dismiss would suggest. 2, 49, #52). googletag.enableServices(); Therefore, on balance, the Court concludes that TQL is not entitled to a preliminary injunction at this time. 2015) (citations omitted). of Texas v. Camenisch, 451 U.S. 390, 395 (1981) (explaining that "it is generally inappropriate for a federal court at the preliminary-injunction stage to give a final judgment on the merits"). However, former TQL employees told FreightWaves they estimate that only around 5% actually make it once they transition to a commission-only pay system. }); According to court filings, [Jacob] Patterson brings this action to stop TQLs economic bullying so that he can move on with his life and career.. As there is little evidence that Daniels is violating his non-compete, any resulting injury to TQL is necessarily speculative, as well. Inj. to Prelim. RTS Financial. On January 4, 2016, Daniels landed a job as a Logistics Account Executive Trainee with TQL, a company that provides freight transportation and logistics services. But that misunderstands a plaintiff's obligation at the pleadings stage. P. 8. 2019). googletag.cmd.push(function() { Answered Apr 1, 2023. $4B not paying on the agreement (ratecon) rate. Some say they expressed interest to their managers in working remotely amid the coronavirus outbreak which would soon become a pandemic via Skype, which the company uses for instant messaging. Therefore, Defendants' argument falls flat. The email chains revealed that on October 28, 2020, and then again on January 18, 2021, Daniels received an email from 721 Logistics about a potato starch shipment from Sunland. However, the plaintiffs claim in the class-action suit they werent paid for the additional hours they worked and that TQL violated the Fair Labor Standards Act (FLSA) by not paying them overtime. close alert. Leary v. Daeschner, 228 F.3d 729, 739 (6th Cir. TQL is a multi-billion dollar leader in the 3rd party logistics industry. The parties finished briefing that motion on April 20, 2021, and the Court held a hearing on the matter on April 29, 2021. Dont miss the hottest freight event of the summer! Iqbal, 556 U.S. at 678. Id. }); TQL states it has more than 5,000 employees in 57 offices across 26 states. According to court documents, Austin was told that hiring Patterson would hurt [USIs] business relationship as TQL is a 20-year client of USI. 6, "Sunland Customer Timeline"). 3); and (2) Defendants EDA Logistics ("EDA") and Ryan Daniels' (collectively, "Defendants") Motion to Dismiss TQL's Complaint (Doc. Hr'g, Ex. Read related stories by FreightWaves Clarissa Hawes: TQL delays start date of nearly 200 near hires because of COVID-19. In the emails, obtained by FreightWaves, Oaks states: Currently, we have 2,200 employees working from home, testing systems. The suit is filed on behalf of two trucking companies, one in Indiana and the other in Georgia, but it is seeking class-action status on behalf of other motor carriers who contract with TQL to deliver freight. googletag.pubads().collapseEmptyDivs(); 3d 1007, 1022 (M.D. It alleges many thousands of carriers and customers have been impacted. This trend continued into the third quarter, which is the quarter right after Daniels left TQL. Total Quality Logistics, LLC v. Johnson et al, No. Defendants argue that TQL's Complaint fails to plausibly allege the third element: that EDA/Daniels used TQL's trade secrets. It does not provide the name of the customer at issue or any other factual context for TQL's claim. According to the noncompete Jacob Patterson signed, it prohibits him from working for a competing business defined as any person, firm, corporation, or entity that is engaged in shipping, third-party logistics, freight brokerage, truck brokerage or supply chain management services in the Continental United States for one year after leaving TQL. The company refers to the new trainees as Logistics Account Executive Trainees (LAET). googletag.enableServices(); (TQL's Exs. Any such search, review, and production performed at the direction of this Court in connection with the above-captioned lawsuit shall not be a violation of the Stored Communications Act, 18 U . lets get these guys. But the "mere possibility of success" is not enough to justify a preliminary injunction. Happened to me in 2012!!!!! (NCA at 10). The staff members seemed legit, not just classifying the problem and charging not without good response. window.googletag = window.googletag || {cmd: []}; 29, 2021). See Expert Janitorial, LLC v. Williams, No. The Court thus DISMISSES TQL's claim for tortious interference with a business relationship. Those sending messages critical of the companys leadership or complaints to managers about not being able to work remotely were added to a list of those to be fired, despite their title or value to TQL, one employee told FreightWaves. googletag.enableServices(); Matthew Wiles, a transportation and noncompete litigator representing TQL in the action, confirmed that his firm, Wiles Law of Upper Arlington, Ohio, had filed a motion requesting to add another party to the lawsuit.. Finally, the Court considers the effect of a preliminary injunction on the public interest. window.googletag = window.googletag || {cmd: []}; 2017) (citing Heartland Home Fin., Inc. v. Allied Home Mortg. As noted above, that evidence falls short. 1, "Daniels Resume"). TQL Total Quality Logistics #1 most crooked Brokers in the nation. Like its breach of contract claim, TQL's misappropriation of trade secrets claim rests on Daniels's alleged involvement with EDA logistics, a (potentially) competing freight-brokerage company. But I suspect that the majority, if not the vast majority, of them are.. This is not enough to state a claim, Defendants contend, because, TQL "failed to allege that EDA actually engages in freight brokerage." Total Quality Logistics, LLC v. EDA Logistics, Case No. This "plausible inference" satisfies post-Twombly and Iqbal pleading standards and is thus sufficient to carry TQL's tortious interference with a contract claim over the line. (Doc. 2000). 1:21-cv-164 (S.D. Request A Quote WORK WITH US LOGISTICS SERVICES 1. Use RevDex to write a review Reviews Trucking Transportation Brokers, Motor Freight Trucking, Logistics, Freight Forwarding Total Quality Logistics Total Quality Logistics Reviews ( 17) 1998)). Although a finding that there is no likelihood of success on the merits is "usually fatal" to the request for a preliminary injunction, Gonzales, 225 F.3d at 625, the Court could still exercise "its discretion to issue a preliminary injunction if the movant has, at minimum, 'show[n] serious questions going to the merits and irreparable harm which decidedly outweighs any potential harm to the defendant if the injunction is issued.'" googletag.enableServices(); googletag.pubads().collapseEmptyDivs(); A tortious interference with a business relationship claim requires the plaintiff to show: (1) a business relationship; (2) that the defendant knew of that business relationship; (3) that the defendant intentionally obstructed that relationship; and (4) that the plaintiff sustained damages as a result. Total Quality Logistics (TQL) Phoenix, AZ. The Judges overseeing this case are Schneider, Wilfred J, Jr. and Wilfred J Schneider, Jr.. The COVID-19 pandemic intervened once again as a case filed in July 2016 in the U.S. District Court for the Northern District of Illinois, which was slated for a jury trial on March 30, was delayed. Your name will not be used without your permission in a follow-up article. Jan. 19, 2007) (explaining that, while the violation of a covenant could constitute "irreparable harm," "[e]ach case presents a different factual scenario that must be independently reviewed to determine whether a breach will result, or has resulted, in irreparable harm"); see also Procter & Gamble Co. v. Stoneham, 747 N.E.2d 268, 280 (Ohio Ct. App. TOTAL QUALITY LOGISTICS, LLC, Plaintiff, v. RIFFE, et al, Defendants. This statement is purely conclusory. Rather, the facts in the complaint need only "raise a reasonable expectation that discovery will reveal evidence" that supports the plaintiff's claims. Rather, the Complaint need only raise a "'plausible' inference" that Daniels has conducted freight-brokering services through EDA. Total Quality Logistics, LLC v. Cornelius Leasing Sys ., Inc ., No. U.S. District Judge Michael Barrett in Cincinnati on Tuesday let several, but not all, claims proceed in the case against Total Quality Logistics LLC, in one of at least two lawsuits against the . at 9(b)). 2d 767, 801 (E.D. A week ago, Patterson, who worked at TQL from August 2007 to April 2021, filed a lawsuit against TQL seeking damages and injunctive relief. Access the headquarters listing for Total Quality Logistics, LLC. 3:09-cv-283, 2010 WL 908740, at *9 (E.D. We help you find the right solution for your local, national and North American truckload freight and shipping needs. 2, Ex. 80589, 2002 WL 31667316, at *6 (Ohio Ct. App. Customer and carrier information was exposed after threat actors breached the company's online web portal. 17, 2021). googletag.cmd.push(function() { window.googletag = window.googletag || {cmd: []}; (NCA at 9(b)). Exactly our experience. For now, though, it is enough to note that the facts alleged in the Complaint comport with Rule 8's pleading standards on the breach-of-contract allegations. Current and former employees say that in March 2020 in the early days of the COVID-19 pandemic, TQL terminated as many as 700 employees over a three-day period because the company didnt have the technological bandwidth to support all of its employees working remotely.